Should a holiday be taken when no written request has been made or a request has been made and has been denied by the Head Teacher then the school may request for the implementation of a penalty notice to the Local Authority.
Under previous legislation, parents of a registered pupil whose child failed to attend school regularly and whose absence was unauthorised, committed an offence for which prosecution was the only available sanction. With the Education (Penalty Notices) Regulations 2007, penalty notices were introduced as an early intervention strategy which provides an alternative to the previous sanction by allowing parents an opportunity to discharge potential liability for conviction for the offence by paying a fine.
From 1 September 2013, amendments to 2007 regulations reduced the timescales for paying a penalty notice. Parents must pay £60 within 21 days or £120 within 28 days. This brings attendance penalty notices into line with other types of penalty notices and allows local authorities to act faster on prosecutions.
If the penalty remains unpaid by the end of 28 days, the Local Authority (LA) must consider the commencement of proceedings for the offence to which the notice relates. The prosecution is not for the non-payment of the notice but is for failure to ensure regular attendance at school – Penalty Notice – Code of Conduct